October, 1891l an act to amend the law of evidence with respect to bankers books. Supreme court clarifies application of bankers books evidence acts. A copy of an entry in a bankers book shall not be received in evidence under this act unless it be further proved that the copy has been examined with the original entry and is correct. Xviii of 1891 1st october, 1891 an act to amend the law of evidence with respect to bankers books.
Changes to legislation revised legislation carried on this site may not be fully up to date. The bankers book application is under s4, s7 and s92 of the bankers book of evidence act 1879 say on the application of a party at high court, a judge may instruct the bank to produce the bankers books showing all transactions not just the ones they want the court to see within 72 hrs. Bankers books evidence act 1879 1879 chapter 11 42 and 43 vict. Bankers books evidence act 1879 4 4 need to retain bankers books exemption to the exclusionary rules of evidence.
The order for disclosure of documents under the bankers books evidence act 1879 was set aside. The supreme court decision in obrien establishes that to focus on the procedures under the bankers books evidence acts 1879 1959 the act is misconceived because. 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. This act may be cited as the bankers books evidence act, 1879.
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. Bankers books evidence act, 1891 title and extent 1 this act may be called the bankers books evidence act, 1 891. The context of the case is a bankers duty of confidentiality in terms of the customers financial affairs. An act to amend the law of evidence with respect to bankers books. Bankers books evidence act, 1879 irish statute book. Contact us our customer support team are on hand 24 hours a day to help with queries.
Notice of application for an order to inspect and copy entries in books. In this act the principal act means the bankers books evidence act, 1879. This act may be cited as the bankers books evidence act 1879. Rather, what is in the statute books is bankers books evidence act, 1879. Bankers books evidence amendment bill, 1959second and. Subject to the acts shortening acts, the bankers books evidence act of 1879 is hereby repealed. This act has been extended to pondicherry by act 26 of 1968 sec. Evidence documentary evidence act 1882 criminal evidence act 1898 evidence act 1851 civil evidence act 1968 the electronic presentment of instruments evidence of payment and compensation for loss regulations 2018 police and criminal evidence act 1984 bankers books evidence act 1879 evidence and powers of attorney act 1943 oaths and evidence overseas. The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team.
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. There are currently no known outstanding effects for the bankers books evidence act 1879, section 7. This act may be cited as the bankers books evidence act of 11949. Mary murray, a senior relationship manager with ulster bank ireland limited. A copy of an entry in a bankers 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 of business, and that the book is in the custody or control of the bank. The bill was passed by the legislature on 1st october 1891.
An act to consolidate and amend the law of evidence with respect. Versions of this act includes consolidations, reprints and as passed versions home bankers books evidence act 1879. Case in which officer of bank not compellable to produce. In this act, unless there is something repugnant in the subject or context, iii any investigation or inquiry under the code of criminal procedure, 1973 2 of 1974, or under any other law for the time being in force for the collection of evidence, conducted by a police. Section 92 of the act, as substituted by the banking act 1979, has now extended that definition to include those other records used in the ordinary business of a bank, building society, national savings. The object of the bill was to apply to india the provisions of the english bankers.
The supreme court provides welcome clarity on the bankers. Disclosure was ordered only in respect of the records of three clearly identified meetings under rule 31. There are currently no known outstanding effects for the bankers books evidence act 1879. The bankers books evidence act 1879 of england was enacted with the practice of bankers in 1879 in mind. Bankers books evidence act, 1879 permanent page url. The bankers books evidence act, 1879, shall continue to apply with respect to any books of the transferor transferred to the transferee in connection with the business agreed to be transferred and to entries made in those books before the transfer date in this section books includes ledgers, day books, cash books, account books and all other books and records used in the ordinary business. Background the issue in the case was whether the affidavit of ms. So construing the definition of bankers books and the phrase on entry in a bankers book, it seems to me that clearly both phrases. In this act, unless there is something repugnant in the subject or.
Supreme court decides to hear regular matters in addition to urgent cases, read circular here. The bankers books evidence act, 1891 1 title and extent. Subject to the provisions of this act, a copy of any entry in a bankers book shall in all legal proceedings be received as prima facie evidence. The class action that finally buried bankers order. A copy of an entry in a bankers 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. One defence a defendant might use is that the evidence does not comply with bankers books evidence act 1879 bbea. To this extent it is an act for the relief of bankers, but it is also an act for the benefit of suitors since it enables copies of entries in a bankers book. It is common for a bank employee to set out in affidavit or in oral evidence the basis for the debt and a calculation of the arrears. The nigerian police force are in the habit of approaching the magistrates court via an exparte application to freeze suspected bank accounts and inspect the bankers books bankers order with reliance on section 7 of the bankers books evidence act 1879 bankers act. Books evidence act, 1879, under which copies of entries in bankers.
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