Bankers books evidence act 1879

The bill was passed by the legislature on 1st october 1891. The bankers books evidence act, 1879, makes a copy of any entry in a bankers book prima facie evidence of the contents of the entry and of the matters recorded therein, on the copy being proved to be correct. The bankers books evidence act 1891 indian bare acts india. Bankers books evidence act, 1891 title and extent 1 this act may be called the bankers books evidence act, 1 891. The bankers books evidence act, 1891 advocatetanmoy law library. The decision reached by the supreme court charleton j. Supreme court decides to hear regular matters in addition to urgent. So that, to begin with, the bankers order in issue in this case was patently issued pursuant to a nonexistent law and afortiori, null and void ab initio and of no effect whatsoever. An act to amend the law of evidence with respect to bankers books. The object of this bill is to amend the bankers books evidence act, 1879, in certain respects with regard to which attention has been called to the need for amendment by the irish banks standing committee and in the report of the committee on company law reform. The bankers books evidence act 1879 of england was enacted with the practice of bankers in 1879 in mind.

The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 18791959 the act is misconceived because. Mary murray, a senior relationship manager with ulster bank ireland limited. Xviii of 1891 1st october, 1891 an act to amend the law of evidence with respect to bankers books. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by. This act may be cited as the bankers books evidence act of 11949. When a judge may order a party to inspect and take copies of entries in bankers books. October, 1891l 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. 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. 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. The master of the high court has refused liberty to enter final judgment in a number of recent cases on the basis that the plaintiff bank did not prove the debt due to it in accordance with the requirements of the bankers books evidence act 1879 as amended the bankers books act.

Subject to the provisions of this act, a copy of any entry in a banker s book shall in all legal proceedings be received as prima facie evidence of such entry, and of the matters, transactions, and accounts therein recorded. The bankers books evidence act 1879 provides a means by which a bank, as defined in section 9, may establish proof of a debt whether on behalf of a third party or in a claim for. Bankers books evidence act 1879 1879 chapter 11 42 and 43 vict. This act may be cited as the bankers books evidence act, 1879. The commission also provisionally recommends that the existing inclusionary exceptions should be retained, and these include. Revised legislation carried on this site may not be fully up to date. The class action that finally buried bankers order debacle. The object of this bill is to apply to british india the provisions of the english bankers books evidence act, 1879, under which copies of entries in bankers books are made receivable in evidence under certain conditions. The bankers books evidence act, 1891 1 title and extent. Books evidence act, 1879, under which copies of entries in bankers. A record as originally defined by the bankers books evidence act 1879 to include ledgers, daybooks, cash books, account books, and all other books used in the ordinary business of the bank.

Versions of this act includes consolidations, reprints and as passed versions home bankers books evidence act 1879. Subject to the acts shortening acts, the bankers books evidence act of 1879 is hereby repealed. An act to consolidate and amend the law of evidence with respect. Admissibility of electronic evidence information technology. Western australian legislation bankers books evidence act 1879. The bankers book evidence act came into effect from 1891. The object of the bill was to apply to india the provisions of the english bankers. Supreme court clarifies application of bankers books. In this act the expressions bank and banker mean any person, persons, partnership, or company carrying on the. The traditional interpretation of the bankers books evidence act, 1879 as amended the act was that of an attempt by the legislature to.

The supreme court provides welcome clarity on the bankers. A copy of an entry in a banker s book shall not be received in evidence under this act unless it be first proved that the book was at the time of the making of the entry one of the ordinary books of the bank, and that the entry was made in the usual and ordinary course. Background the issue in the case was whether the affidavit of ms. There are currently no known outstanding effects for the bankers books evidence act 1879. Nov 15, 2017 an act to amend the law of evidence with respect to bankers books. Free practical law trialto access this resource, sign up for a free trial of practical law. Bankers books evidence act, 1879 irish statute book. Bankers books evidence amendment bill, 1959second and. It must be construed in 1980 in relation to the practice of bankers, as we now understand it. Case in which officer of bank not compellable to produce books. Changes to legislation revised legislation carried on this site may not be fully up to date. Supreme court clarifies application of bankers books evidence acts. The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 18791959 the.